QUESTION: Is it a violation of the Code of Judicial Conduct for a
docket assignment clerk, an employee of a judge or judges, to sell subscriptions to
attorneys and others, a report which the clerk compiles advising his or her subscribers of
the disposition of and other docket information concerning completed jury trials?

ANSWER: The committee is advised that the docket assignment clerk in his
or her discretion determines (1) the order of assignment of cases for jury trial; (2) the
judge or court to whom a case is assigned or not assigned; and (3) whether, after a case
is assigned, a formal written motion and hearing for continuance are required or whether
the clerk will grant an "informal" continuance.

The committee is further informed that the funds received from the subscriptions are
retained by the clerk. Canon 2 requires that a
judge should avoid impropriety and the appearance of impropriety. The committee observes
no patent impropriety but respectfully suggests that the combination of the delegated
authority to the clerk and the sale of the subscriptions by the clerk invites violation of
the code.

CAVEAT: Any sanctions imposed for violations of the Code of Judicial Conduct are imposed
against the judge(s), not the clerk.